K SHAHEED Vs. P K SHAHIDA

JUDGEMENT

(1.) The complainant in C.C. No. 249/97 on the file of the Additional Chief Judicial Magistrate, Thalassery inserted Copper-T, an Intra Uterine Device (IUD) for prevention of pregnancy. But unfortunately she conceived after the insertion of the device, probably due to the failure of the system.

(2.) Complaining of abdominal pain she approached the accused, who is the petitioner herein, during the 4th month of her pregnancy, in January, 1997 for a check up. It is admitted that the accused is not a gynaecologist. But he is a qualified allopathic doctor. The accused examined her and removed the IUD. It is alleged that the accused told her that the IUD is the cause of abdominal pain and hence the complainant did not object to the removal of the device. Certain medicines were also prescribed by the accused for relieving the pain.

(3.) Later the complainant was admitted in the Kalyan Lying Hospital, Kuthuparamba on 18-3-97 and she gave birth to a premature baby on the same day in the hospital. Soon thereafter she was removed to Ashirvad Hospital, Kannur. But the baby passed away on 9-4-97, on the 22nd day of its birth.